APHC010128632023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6500/2023 Between: 1. GUTTA NITISH KUMAR, S/O. NAGABHUSHANA RAO, AGED 32 YEARS, OCC. CULTIVATION, R/O. FLAT NO.103, SAI RAM ENCLAVE, PANUGANTIVARI STREET, R.R.PETA, ELURU TOWN, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (PANCHAYAT WING), ELURU DISTRICT AT ELURU. 4. THE EXECUTIVE ENGINEER, PRI DEPARTMENT, ELURU, ELURU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, MPDO OFFICE, ELURU, ELURU DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, PRI DEPARTMENT, 2 ELURU, ELURU DISTRICT. 7. THE PANCHAYAT SECRETARY CUM EXECUTIVE AUTHORITY, KUCHUMPUDI GRAM PANCHAYAT, PEDAVEGI MANDAL, ELURU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in non-compliance of Fund Transfer connected to five M-Book Nos. 402/A. 403/A, 404/A, 405/A and 406/A in respect of work ID Nos. 80027 to 80031 pursuant to MGNREGS grant to cost for the material supplied by the petitioner for Providing underground drainage with RCC Np2 pipes at Kuchimpudi Village, Pedavegi Mandal, Eluru District (Erst while West Godavari District) issued by respondents 4 to 6, as illegal, irregular, arbitrary, violative of contrary to the provisions of Mahatma Gandhi National Rural Development Act, 2005. rules and regulations framed there under and offends under Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to comply with the said M-Books by paying amounts covered thereby to petitioner and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 6 to release the funds through a proper channel into the account of 7th respondent or any other concern, towards amount payable pursuant to five M-Book Nos. 402/A, 403/A, 404/A, 405/A and 406/A MGNREGS grant to cost for the material supplied by petitioner for Providing underground drainage with RCC Np2 pipes at Kuchimpudi Village, Pedavegi Eluru District (Erst while West Godavari District), pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SUDHANAGUNTA SWETHA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 3 2. GP FOR PANCHAYAT RAJ RURAL DEV (TG) 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER :: Heard Ms. Sudhanagunta Swetha, learned counsel for the petitioner, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 6 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned standing counsel for the 7th respondent. 2. The above writ petition was filed to declare the action of the respondents in withholding an amounts of Rs.14,50,161/- for the works executed by the petitioner i.e., i) Providing underground drainage with RCC Np2 pipes at OC area of Kuchimpudi Village, ii) Providing underground drainage with RCC Np2 pipes at BC area of Kuchimpudi Village, iii) Providing underground drainage with RCC Np2 pipes at SC area of Harizanawada of Kuchimpudi Village, iv) Providing underground drainage with RCC Np2 pipes at SC area of Govindavarigudem of Kuchimpudi and v) Providing underground drainage with RCC Np2 pipes at OC area Sai Baba Temple area of Kuchimpudi, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned counsel for the petitioner would submit that the petitioner did works worth 4 Rs.86,49,394/-, the petitioner was paid an amount of Rs.68,29,219/- and the remaining amount of Rs.14,50,161/- has not been paid. 4. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PR (PIU) Division, Eluru -4th respondent dated 30.12.2025, wherein it was admitted that the balance amount payable to the petitioner after statutory deductions is Rs.10,81,261/-. 5. Thus, as seen from the instructions and the submission of learned counsel on either side, pending the writ petition, there is no dispute regarding the balance amount of Rs.10,81,261/- payable to the petitioner. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors1, it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 6. Given the submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the balance amount of 1 2025 SCC online SC 1400 5 Rs.10,81,261/- (Rupees Ten Lakhs Eighty One Thousand Two Hundred and Sixty One only) payable to the petitioner regarding execution of the aforementioned work, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.02.2026 SNI 6 277 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6500 of 2023 Date: 04.02.2026 SNI